Can a finding of fact and factual inferences drawn by the trial judge be overturned by the appellate court?
Ontario, Canada
The following excerpt is from R. v Dixon, 2015 ONSC 4329 (CanLII):
Appellant’s counsel acknowledges an appellate court may not interfere with findings of fact and factual inferences drawn by the trial judge unless they are clearly wrong, unsupported by the evidence or otherwise inadmissible. “…The reviewing appellate court may be able to identify a flaw in the evaluation of the evidence, or in the analysis, that will serve to explain the unreasonable conclusion reached and justify the reversal.” See R v. Biniaris
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